Deliberative referendum

A deliberative referendum is a referendum that increases public deliberation through purposeful institutional design.[1] The term ‵deliberative referendum′ stems from deliberative democracy,[2] which emphasises that ″the legitimacy of decisions can be increased if ... decisions are preceded by authentic deliberation.″[3] Deliberative design features can promote public deliberation prior to and during the referendum vote to increase its actual and perceived legitimacy.[4] Deliberative referendums encourage open-minded and informed reasoning, rather than rigid ″pre-formed opinions.″[5] ″[A]fter deliberations, citizens routinely alter their preferences″.[4]

In practice, a deliberative referendum includes a variety of institutional design features. These include using a citizens' jury to set referendum questions and educate the public, further public education via mandatory interactive tutorials before voting, and focusing referendums on broad values rather than technicalities.[6] Some authors note how legal regulation can also aid referendum deliberation.[7]

Constitutional deliberative referendums can ″provide citizens with a meaningful say in determining the most fundamental constitutional decisions that affect their lives.″[8] Voter deliberation is significant here as the referendum result could change the state’s political status or impact the enjoyment of human rights.[9]